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Am i allowed to remove my son from one state and move to a…

Am i allowed to...

Am i allowed to remove my son from one state and move to a different state without consent from the father if we are not married ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New jersey

Lawyer's Assistant: Has anything been filed or reported?

Not at the moment only due to me recently telling him that i wanted to end the relationship.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do currently live with him and his family, but i am the one who mainly supports my son would that affect any decision?

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Answered in 1 minute by:
3/12/2018
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,501
Experience: 16 yrs. of trial experience
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Can you tell me, is the father on the child's birth certificate.

and, IF so, is there a current custody order issued by the court?

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Customer reply replied 4 months ago
hello, good morning . yes i just have a few questions regarding the possible relocation of my son and i
Customer reply replied 4 months ago
no there is not only because i just recently told him about me wanting to end the relationship
Customer reply replied 4 months ago
his fathers name is ***** ***** birth certificate

Thanks
I have some thoughts and will type them up... a few mins please...

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Customer reply replied 4 months ago
okay no problem

To answer the question, can you move, without consent of the father?

Yes. Only a court can limit a parents rights to their child. So with no court order, EITHER of you could move with the child out of state. So either you, or the father could so this...perfectly legal.

That said, it is important to understand that if you leave...and the father wanted to? He could hire a lawyer and bring you to court and have the court issue a custody order. They would...the NJ court would maintain jurisdiction over this case for 6 months after you left...so if dad went to court, the court would require you to return to resolve this.

And the court would issue an order to make sure both parents had access to the child...if you are out of state, that could mean that the chid has to travel to spend time with parents...and, in theory, the NJ court could give dad primary custody.

Bot***** *****ne: you can leave with the child (as can dad) without permission from the other parent. But the court has jurisdiction over this and could require the parent who left to come back to resolve

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
lets say i move and he does take it to court i would have no choice but to move back, what would happen if at that point in time i wouldnt have a place to live since i currently live with him but wouldn't once we split. would they still make me?
Customer reply replied 4 months ago
because his father literally supports nothing, has no job and doesnt pay bills at his mothers house, doesnt even have a license. i wanted to move to better myself and my sons well being and mental health

It is unlikely the court will require you to live in the state. But they would issue a custody order so that the child has the right to spend time with both parents. As it stands, if you leave, unilaterally, you are taking away the father from the child...the court will fix that with a custody order

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,501
Experience: 16 yrs. of trial experience
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P. Simmons and 87 other Legal Specialists are ready to help you
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Thank you for taking the time to accept the answer, I truly appreciate that
phil

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Customer reply replied 4 months ago
what is the normal visitation rights for out of state residency? if it were to come down to it?

There is no "normal'...it all depends on the facts of the case. But the court will try and keep both parents engaged with the child.

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Consider being proactive...hire a lawyer and head to court yourself...that way you know up front what will happen

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You can request to the court that they issue a custody order that allows you to move from the state...they will, and then you will know the bounds of the order

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Customer reply replied 4 months ago
what are the chances of this being in my favor? like what does it have to take for the father to actually be able to get him over the mother

The court makes all decisions based on what is best for the child.

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Not what is best for mom, or dad, or anything else...the only concern is what is best for the child.

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Customer reply replied 4 months ago
thats understandable. thankyou for your help. can you just run through the process you explained earlier?

Sorry...which process? To apply for a custody order?

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Thanks

A few mins please

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If there is no custody order in place, and the parents are not married, if either parents requests, the court will issue a custody order. The process to initiate is not complex, you file a "motion" with the court (a motion is a written request) and the judge will set a hearing date. At the hearing, the judge will listen to evidence presented by both sides (both parents) and will issue a custody order.

While the process is not complex, you do need an attorney to assist. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. If the goal is to win the case, hire a lawyer.

IN addition to the custody order, the court will also issue a support order....one parent will pay support to the other parent...the amount of support and who gets it is based on many factors, but primarily the court will look at the relative income of the parents and who has the child the majority of the time. Generally speaking, the person who is not the primary caregiver will receive support.

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